JUDGMENT :

Dinesh Maheshwari, J.

1. In this appeal, the accused-appellant has called in question the judgment and order dated 21.02.2008 in Criminal Appeal No. 1003 of 2000 whereby, the High Court of Judicature at Madras has affirmed his conviction for the offence under Section 302 of the Indian Penal Code (‘IPC’), even while acquitting the accused No. 2 for the offence under Section 302/34 IPC in modification of the judgment and order dated 27.06.2000 as passed by the Principal Sessions Judge, Thanjavur in Sessions Case No. 168 of 1999.

1.1. In the Sessions Case aforesaid, the accused-appellant was charged for the offence under Section 302 IPC whereas the appellant’s brother (accused No. 2) was charged for the offence under Section 302/34 IPC and the appellant’s wife (accused No. 3) was charged for the offences under Sections 302/34 and 341 IPC. The Trial Court convicted the appellant for the offence under Section 302 IPC and awarded him the punishment of life imprisonment together with fine of Rs. 1,000/-with default stipulations; and also convicted the appellant’s brother (accused No. 2) for the offence under Section 302/34 IPC and awarded him the same punishment of life imprisonme